The Law of Electronic Commerce and the Internet Research Paper

The Law of Electronic Commerce and the Internet - Research Paper ExampleIrrespective of the contractual arrangements amid the parties, the misleading and deceptive conduct provisions of the TPA and/or equivalent Fair Trading legislation may well apply, provided a sufficient jurisdictional tie-in is established in relation to the relevant conduct. However, this is on particular problems arose by eBuy and Mr. John Online auction transactions. In the case of an eBay, auction company has control everyplace the goods that are being auctioned. In this case of the auction, the buyers Mr. Paul paid $ 1500 the eBuy company for the goods Television. Misleading and deceptive conduct will extend to the layout of the site itself. In this regard factors such as the size, type, and color of the font, the prominence and location of hyperlinks, visibility and location of key terms and conditions, whether any distracting graphics or technology are apply as well as other relevant circumstances, ma y be relevant to whether the Internet-based conduct is misleading or deceptive. In this case, terms and conditions of the eBay Company were not clear and the size was big so that customers clicking I Accept Button without study and understanding the terms and conditions. And Mr. John was clicking I Accept Button without reading and understanding the terms and conditions.Mr. Johns claim would depend, essentially, on whether he could establish that he was led to believe that the auction site eBay, through and through terms and conditions or through representations on the website, misled him as to the characteristics and security of the auction process. This issue was considered in the case of Evagora v eBay Australia & New Zealand Pty Limited 2001 VCAT 49, although, being a Tribunal decision, its precedent mensurate is limited. In that case, Evagora successfully bid for a computer in an eBay hosted auction, which was paid for but never arrived. The seller of the computer was based o verseas. Evagora claimed for his loss against eBay, arguing that he did not read eBays user agreement and that eBay represented that the auction site was safe, which overrode the terms of the user agreement. eBay was held liable by the Tribunal for the loss suffered by Evagora. It is chief(prenominal) that the terms and conditions on which a consumer participates in Online auctions website are clear, accurate, and accessible to avoid potential claims under sections 52 and 53. It is also important not to reduce or nullify the effectiveness of any terms and conditions by contrary or inconsistent representations or impressions given to users via the actual content of the website. Answer 2 Harrys Burger put forward collects personal details from Paul. Two years later Paul is upset when his health insurer charges a higher health insurance premium because he is deemed a high risk heart attack candidate. Another insurer refuses to ensure his car, citing high clash statistics for owners o f mobile phones.